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By:  Chisum (Senate Sponsor - Armbrister)                         H.B. No. 555
	(In the Senate - Received from the House March 19, 2003; 
March 26, 2003, read first time and referred to Committee on 
Natural Resources; April 22, 2003, reported adversely, with 
favorable Committee Substitute by the following vote:  Yeas 10, 
Nays 0; April 22, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 555                                    By:  Armbrister


A BILL TO BE ENTITLED

AN ACT


relating to notice requirements for certain portable facilities 
under the Clean Air Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 382.056, Health and Safety Code, is 
amended by amending Subsection (r) and adding Subsections (s), (t), 
and (u) to read as follows:
	(r)  This section does not apply to:                                           
		(1)  the relocation or change of location of a portable 
facility to a site where a portable facility [permitted by the 
commission is located if no portable facility] has been located at 
the proposed site at any time during the previous two years; or
		(2)  a facility located temporarily in the 
right-of-way, or contiguous to the right-of-way, of a public works 
project.
	(s)  The commission may not issue a permit, permit amendment, 
or other authorization for a portable facility or rock crushing 
facility that will be associated with blasting operations that are 
or will be located over an aquifer comprised in whole or in part of 
water-bearing limestone or dolomite that is the primary source of 
drinking water for a municipality if the facility will be located in 
a county adjacent to a county with a population of 500,000 or more 
and in which is located a portion of a water body into which a 
discharge is prohibited by the commission under 30 T.A.C. Chapter 
311.  Within 30 days of the date the commission determines that an 
application has been filed for a permit or permit amendment that is 
prohibited from being issued pursuant to this subsection, the 
commission shall mail notice of intent to obtain a permit to the 
affected municipality of its receipt of the application.
	(t)  The commission shall prohibit a currently permitted 
rock crushing facility from being associated with blasting 
operations that are or will be located on a tract over an aquifer 
comprised in whole or in part of water-bearing limestone or 
dolomite that is the primary source of drinking water for a 
municipality if the facility is located in a county adjacent to a 
county with a population of 500,000 or more and in which is located 
a portion of a water body into which a discharge is prohibited by 
the commission under 30 T.A.C. Chapter 311 and if the blasting 
operations have not taken place on the tract for 10 or more years 
before April 10, 2003.
	(u)  For any permit application subject to this section, the 
measurement of distances to determine compliance with any location 
or distance restriction required by this chapter shall be taken 
toward structures that are in use as of the date that the 
application is filed with the commission.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.



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